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CIRCULAR No.118-TCHQ/GSQL ON THE 31ST OF MARCH 1995 GUIDING THE IMPLEMENTATION OF DECISION No.96-TM/XNK ON THE 14TH OF FEBRUARY 1995 ON THE LIST OF COMMODITIES BANNED FROM EXPORT AND IMPORT

In implementation of Article 5 of Decision No.752-TTg on the 10th of December 1994 and Document No.294-KTTH on the 19th of January 1995 of the Government, the Ministry of Trade issued Decision No.96-TM/XNK on the 14th of February 1995 and Document No.3229-TM/XNK on the 14th of March 1995 on the publication of the list of commodities banned from export and import.

In furtherance of the above-mentioned documents, the General Department of Customs gives guidance on its implementation as follows:

1. THE SCOPE OF ADJUSTMENT:

1. This list of commodities banned from export and import applies to all forms of export and import, including non-commercial export and import.

2. Decision No.96-TM/XNK takes effect as from the 1st of April 1995. This stipulation is taken to mean that with regard to those imported commodities which arrive at the first border gate before the 1st of April 1995, they shall be subject to the stipulations of Decision No.238-TM/XNK on the 24th of March 1994 of the Ministry of Trade and the documents guiding the implementation of that Decision.

3. Only the Prime Minister can permit the exportation and importation of the commodities in the List of commodities banned from export and import issued together with Decision No.96-TM/XNK. The Customs Office can give the password to those commodities only when there is an official document of the Prime Minister, or a document of the Office of the Government reporting the official opinion of the Prime Minister.

4. The ban on the exportation of wild animals and precious and rare animals and plants, and on the importation of used whole equipment and machines shall be carried out under the guidance of the Ministries and branches concerned, as written in Footnotes 2 and 3 of the List of commodities banned from export and import. When necessary, the General Department of Customs will issue a document giving further guidance.

II. GUIDANCE ON SPECIFIC ITEMS:

1. In Lists II-4 and II-5: In not clearly defined cases, the owner shall be requested to consult the branches concerned, and then the Customs Office shall handle them according to the opinion of those branches.

2. In List II-6: "Cigarettes" can only be imported as personal baggage according to the quantity fixed in Decree No.17-CP on the 6th of February 1995 of the Government, the excess quantity shall be confiscated. All other cases of import (except the cigarettes imported for the duty-free shops as licensed by the Ministry of Trade) shall be considered illegal and shall be handled according to Decree No.232-HDBT on the 25th of June 1992 or shall be examined for penal liability, depending on the seriousness of the offence.

3. In List II-7 on "Used consumer goods":

3.1. All types of used cars shall be imported under the commercial import plan of the Ministry of Trade. Although motorcycles are considered consumer goods, used motorcycles (except motorcycles of 175cc or more) shall be imported under the commercial import plan of the Ministry of Trade.

Those items used in household production and enterprises such as sewing machines, weaving machines and industrial sewing machines are all considered means of production of which used items can be imported.

3.2. Used commodities registered as personal baggage as stipulated in Decree No.17-CP on the 6th of February 1995 and the guidance documents of the General Department of Customs can also be imported.

3.3. The following cases of used consumer goods can be imported:

3.3.1. Goods of those persons mentioned in Document No.131-HDBT on the 27th of August 1987 and in Decree No.73-CP on the 30th of July 1994 of the Government.

3.3.2. Used goods of those organizations founded and operating according to a separate agreement reached between the Vietnamese Government and those organizations (including goods of foreign investors as mentioned in Article 91 of Decree No.18-CP, and the foreign partner in the cases of sharing oil and gas products, and NGO's...).

3.3.3. Goods of the Heads of foreign representations and their staff, and Representative Offices of foreign economic organizations established under Decree No.82-CP on the 21st of August 1994 shall be handled according to the guidance given in Circular No.235-TCHQ/GSQL on the 21st of November 1994 of the General Department of Customs.

3.3.4. Goods, household utensils and personal belongings of foreigners coming to work in Vietnam for given terms, and Vietnamese personnel and workers returning home after long-term work (at least 12 months) abroad. With regard to tourist cars with 12 or fewer seats and motorcycles, Vietnamese diplomats can import one car or 2 motorcycles, while other people can import 2 motorcycles and must pay import taxes under the current regulations.

Those who import more than the above specified numbers, must apply for permission from the General Department of Customs, and must pay administrative fines at a rate of 2 million Vietnam Dong for one car, and 500,000 Vietnam Dong for one motorcycle.

3.3.5. With regard to used cars with 12 or fewer seats, one such car can be imported as gift, from the second car on, the recipient must apply for permission from the General Department of Customs and must pay administrative fines as stipulated in Point 3.3.4.

3.3.6. Goods that are the personal and family belongings of those Vietnamese residents abroad who are allowed to return and settle permanently in Vietnam.

3.3.7. Goods of Vietnamese agencies and enterprises in a foreign country whose term of operation has expired, or which are dissolved by decision of the authorized level.

4. List II-8: Cars and other vehicles with different steering wheel mean that these vehicles have a right-hand steering wheel.

5. Under Document No.294-KTTH on the 14th of February 1995 of the Office of the Government, all used cars and motorcycles which are to be imported must retain at least 50% of their original quality. Those cars and motorcycles which are less than 50% of their original quality must be re-exported, or else they shall be confiscated.

6. All the above-mentioned cases of export and import are subject to the current taxation policies.

III. ORGANIZATION OF IMPLEMENTATION:

1. This Circular takes effect as from the 1st of April 1995. All previous documents giving guidance on the implementation of Decision No.238-TM/XNK on the 24 of March 1994 are now annulled.

2. The Heads of all departments and agencies under the General Department of Customs, the Heads of the Customs Offices in the provinces and cities shall have to organize the implementation of this Circular. Any problems arising in the process of implementation must be reported to the General Department for settlement.

Head of the General Department of Customs

PHAN VAN DINH